Read the full judgment text of HCCT 60/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 December 2016 before Hon Mimmie Chan J.
Arbitration — Application for leave to appeal — Whether arbitral tribunal majority consciously disregarded New York law — Test for conscious disregard requires clear inference of deliberate choice to ignore governing law — Majority tribunal found to have considered and applied relevant law genuinely — No evidence to support conscious disregard; Arbitration Ordinance (Cap 609) — Section 81(4) on leave to appeal — Reasonable prospects of success as necessary ground for leave to appeal to be granted — Court emphasized arbitration’s aim for finality and efficient dispute resolution — Application dismissed with costs to Defendant on indemnity basis.
Legal issues: Whether the Majority of the Tribunal consciously disregarded New York law · Requirement of reasonable prospects of success for leave to appeal under s 81(4) Arbitration Ordinance
Outcome: Application for leave to appeal dismissed; costs to Defendant on indemnity basis
Cited by 5 cases